Supreme Court Dismisses PIL Challenging Provisions Allowing Outstation Students To Vote In Their Place Of Study

The Supreme Court on Friday (February 8) dismissed a Public Interest Litigation challenging the electoral manual provisions allowing students studying out of their constituency to transfer their names from the electoral rolls to the place of their education.

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the matter.

Justice Kumar explained that for students studying outside their resident constituency, the only option they have is either they travel to back to the enrolled constituency for voting or have their electoral enrollment shifted to the constituency one is studying within. 

The Counsel for the petitioner, PK Mullick argued that whether allowing so mean that there is a 'meaningful expression of opinion' by voter considering that someone belonging to another state, like for instance U.P and studying in Telangana, would not be abreast with the issues and socio-political dynamics in a new state. 

"A student from UP studying in Telangana would be totally disconnected from the political discourse....a temporary student, he is not concerned with the long term development of the area, he is not know the language etc" 

To which CJI replied, that the provision for students would very much ensure a meaningful expression of opinion. He added that disallowing students to vote from their place of study would impact the total voter turnout in elections.

" There are practical difficulties, the number of voters we have in India will be..." 

He also mentioned how Justice Sanjay Kumar would travel to Hyderabad (his hometown) to cast his vote, as the postal ballot system is reserved only for few categories such as the defense persons and the elderly. 

"Even we (judges) don't get it (provision of postal ballot), my brother was saying even he has to go there to cast his vote" 

Justice Kumar added, "Where do we draw the line? We are not isolated in this- people who are transferred, living in another place or whatever reason - they can always say I am staying here but I can't go there (to original constituency), therefore give me a postal ballot. 

The Court also refused the petitioner's suggestion to adopt the 'Electronically Transmissible Postal Ballots' used for overseas NRIs. 

The bench while dismissing the petition recorded : 

"In view of the manual of electoral rolls, document in addition to clause 13.6.1.3, we are not inclined to proceed further with the present writ petition and the same is dismissed." 

Notably, Clause 13.6.1.3 of the Manual of Electoral Rolls states "the students residing as tenants at the place of study will have the option to get themselves registered as electors either at their native places with their parents/guardians or at the address of hostel/lodge/ landlord where they are residents for the time being for pursuing their studies." 

It also provides that the applications for transfer registration on rolls can be approved only if the courses pursued are from recognized universities. 

Case Details: ARNAB KUMAR MULLICK vs. UNION OF INDIA W.P.(C) No. 000215 - / 2024